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NAVY | BCNR | CY2009 | 02214-09
Original file (02214-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20570-5100

 

CRS
Docket No: 2214-09
21 August 2009

 

This ig in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United

States Code section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 August 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations

and policies.

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable INMaterial

error or injustice.

The Board found that you enlisted in the Navy on 10 November
2908. On 24 December 2008 you disclosed a history of headaches
which you had concealed when applying for enlistment. On 9
January 2009 you received an entry level separation by reason of
fFraudvient entry and were assigned a reentry code of RE-4.

 

 

The Board noted that a reentry code of RE-4 is required by
regulatory guidance to be assigned to service members separated
by reason of fraudulent entry. Since you have been treated no
differently than others in your situation, the Board could not
find an error or injustice in the assignment of your reentry

code.

The Board did not accept your unsubstantiated contention to the
effect that the cause of your headaches was an incorrect
prescription for corrective lenses. Accordingly, your
application has been denied. The names and votes of the members

of the panel will be furnished upon request.

tt is regretted that the cireumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its Gecision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

   

*

   
  

FAN PF]
Executive Daz

=
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